H.B. No. 559
AN ACT
relating to the disposition of certain contraband.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.18(f) and (g), Code of Criminal
Procedure, are amended to read as follows:
(f) If a person timely appears to show cause why the
property or proceeds should not be destroyed or forfeited, the
magistrate shall conduct a hearing on the issue and determine the
nature of property or proceeds and the person's interest therein.
Unless the person proves by a preponderance of the evidence that the
property or proceeds is not gambling equipment, altered gambling
equipment, gambling paraphernalia, gambling device, gambling
proceeds, prohibited weapon, obscene device or material, criminal
instrument, or dog-fighting equipment and that he is entitled to
possession, the magistrate shall dispose of the property or
proceeds in accordance with Paragraph (a) of this article.
(g) For purposes of this article:
(1) "criminal instrument" has the meaning defined in
the Penal Code;
(2) "gambling device or equipment, altered gambling
equipment or gambling paraphernalia" has the meaning defined in the
Penal Code;
(3) "prohibited weapon" has the meaning defined in the
Penal Code; [and]
(4) "dog-fighting equipment" means:
(A) equipment used for training or handling a
fighting dog, including a harness, treadmill, cage, decoy, pen,
house for keeping a fighting dog, feeding apparatus, or training
pen;
(B) equipment used for transporting a fighting
dog, including any automobile, or other vehicle, and its
appurtenances which are intended to be used as a vehicle for
transporting a fighting dog;
(C) equipment used to promote or advertise an
exhibition of dog fighting, including a printing press or similar
equipment, paper, ink, or photography equipment; or
(D) a dog trained, being trained, or intended to
be used to fight with another dog; and
(5) [.(6)] "obscene device [or material]" and
"obscene" have the meanings assigned by Section 43.21, Penal Code
[means a device or material introduced into evidence and thereafter
found obscene by virtue of a final judgment after all appellate
remedies have been exhausted].
SECTION 2. This Act takes effect September 1, 2003. The
change in law made by this Act applies only to the disposition of an
obscene device or material seized on or after September 1, 2003.
The disposition of an obscene device or material seized before
September 1, 2003, is covered by the law in effect when the device
or material was seized, and the former law is preserved for that
purpose.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 559 was passed by the House on May 8,
2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 559 was passed by the Senate on May
28, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor